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Ways in which businesses can approach the uncertainty of different majorities required in order to amend a business rescue plan (‘BRP), or to adjourn a meeting concerning a BRP:
Section 151 of the Companies Act 71 of 2008 requires a business rescue practitioner to convene and preside over a meeting of creditors within 10 days after publication of the proposed BRP - in order to adequately consider the BRP. However, the Companies Act then...
A lucky escape, or not so much: resigning with immediate effect to avoid disciplinary action
It has now become a norm that an employee will render their resignation with immediate effect in the hopes of avoiding the consequences of being dismissed for misconduct, and thus, free themselves from the constraints of a stained disciplinary record that may ruin...
Sectional Title Schemes Management Act: Part 2 Body Corporates
In the previous article on the Sectional Title Schemes Management Act (hereinafter referred to as the Management Act), the role players, functions and powers associated with body corporates were briefly explained. In this article, I will discuss a few additional key...
First comes love, then comes … contracts?
Wedding planning and dreaming of the future is a combination of stress, nerves, and oh so much excitement! Yet couples on their way to happily ever after often forget the weighty decisions that need to be made, such as the matrimonial property regime that they will be...
Legal Ethics Under Scrutiny
A former attorney accused of embezzling over plus-minus, 6 million rand from the Road Accident Fund has been released on bail for 10 thousand rand earlier this month. He was allegedly arrested by the Hawks after they received a tip-off warning them of his alleged...
Sectional Title Schemes Management Act: Part 1 Body Corporates
In 2011 the Sectional Title Schemes Management Act (hereinafter referred to as the Management Act) was assented to by then-President Jacob Zuma. The need for the Act was created by the extensive use of the format in the property landscape. Although there already...
The Fine Line Between Negligence and Poor Performance
Gross negligence is a form of misconduct that allows for summary dismissal if found guilty. But often employees are left speechless, unaware that what they had done or failed to do had amounted to gross negligence. To attempt to avoid a claim for unfair dismissal,...
The Difference between Distribution and Agency – Which is the Best Growth Strategy for your Business?
26 January 2021 at 11:00 Tickets Cost: R100 Defining Agency versus Distribution Applications of Agency and what to look out for Applications for Distribution and what to look out for Unpacking the Resources you will need to implement Agency and/or Distribution as a...
How Has Covid-19 Affected South African Mergers And Acquisitions Value?
None of us are strangers to the drastic and everlasting effects of the Covid-19 Pandemic and the effect the National Lockdowns and the halting of business have had on global and national trade. However, for the business innovator and budding entrepreneur, it may be...
Changing your Marital Property Regime
Introduction: Why sign an Antenuptial Contract The importance of an antenuptial contract cannot be over-estimated. In terms of South African Family Law, where a couple does not sign an antenuptial contract before tying the knot the marital regime applicable to their...
Festive Season
As we reflect on what has proven to be an extremely challenging year, we wish all our stakeholders, suppliers and clients a joyful festive break! Thank you for the continued support! May this s season bring you closer to all those that you treasure in your heart. Have...
When Goodwill Between Family Turns Sour – Eviction
Eviction applications frequently pit the two sides of our society against one another. The applicant is invariably the property owner who has the resources necessary to access the civil justice system. The Respondent or unlawful occupier – often a person with little...
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